Limud Torah

with Rav Chaim

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Yevamos 30

The Gemara says that if a man was married to an Ervah to his brother and a regular  woman and Safeik divorce the Ervah, when he dies the regular woman is exempt from Yibum. Since the Ervah has a Chazuka that she's married to the brother, her Tzara has a Chazaka that she's exempt from Yibum.

Tosfos points out that even if the Safeik divorce happened before he married the other woman, where I might say that she was never definitely married along with the Ervah so she never had a Chazuka to be a Tzuras Ervah, yet she's exempt from Yibum. Since the Ervah has a Chazuka that she's married to the brother, therefore we extend that Chazuka to her that we consider her a TZuras Ervah.

Rabbi Chaim Smulowitz 

If you ever though that Tosfos was beyond you. Think again. A few more free copies of Gemara and Tosfos: Sukka 2a-11a is still available 
at 
tosfos.ecwid.com
 

Yevamos 29

The Gemara concludes that R' Eliezer doesn't necessary hold that Maamar acquires the Yevama completely. (In the second answer) The reason he holds that he can annuls the Yevama's oath is because we refer to a case where the time that he needs to do Yibum arrived. Although he didn't do it yet, Beis Din obligates him to feed the Yevama. Since she's receiving her support from the Yuvam, when she makes an oath, she relies on the Yuvam to approve it, so it was only made on condition that the Yuvam consents.

Tosfos says that R' Yehusha that argues (and says that anytime there is more than one Yuvam no one can annul her oath) holds even if one gave Maamer, since the other brother can ruin it for him by giving a Get or having relations with her, the Yevama is not confident that he'll eventually marrying her, so she doesn't  make her oath on condition that the Yuvam consents.

R' Akiva (that holds that a Yuvam never can annul an oath) we don't necessary have to explain him like Rashi, that he holds there is no Zika so he's a complete stranger to her since there is no connection. We can says there is really a connection (Zika.) However, since the connection is a lot weaker than an actual wife (as proof, we see that if someone else has relations with the Yevama there is no death penalty)  therefore he's not enough of a husband that the Parsha of Hafaras Nedarim should apply to him

Rabbi Chaim Smulowitz 

If you ever though that Tosfos was beyond you. Think again. A few more free copies of Gemara and Tosfos: Sukka 2a-11a is still available 
at 
tosfos.ecwid.com
 

Yevamos 27

We say that the proof that a Get is no better than Maamar and Maamar is no better than Get is from the Shita of R' Gamliel. Although he holds that once a Get is given to one Yevama then a second Get to a different one does not take effect (and doesn't disqualify her to marry the brother's relatives.) The same thing applies with giving Maamar after a Maamar. However, he allows a Maamar to take effect after a Get and a Get after a Maamar. So we must say they're even.

Tosfos asks: This last Halacha is true even to the Rabanan (that hold that there is Get after Get and Maamar after Maamar), so why does the Gemara only bring a proof from R' Gamlilel?

Tosfos answers the Rabanan that hold a second Get take effect after the first Get despite that it must be weaker (since the first Get was the one that "divorced" her and the second is "divorcing" someone who is already "divorced".) Therefore, even if Maamar or Get is stronger than the other, it will still take effect.

However, R' Gamliel who holds the second Get or Maamar doesn't take effect after the first, because he holds that a weaker transaction can't take effect on a stronger transaction. Therefore, since a Get takes effect on a Maamar and a Maamar takes effect on Get, we must conclude that one is not weaker than the other and therefore they're even.

 
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